Forum (Canon Law)

The forum in the sense of the forum canonicum marks the scope of canon law in its delimitation from the secular legal system (cf. c 1716 CIC ) as well as the ecclesiastical jurisdiction ( forum iudicale , cf. c. 1675.1 CIC ).

At the same time, the term forum denotes the outer ( forum externum ) and inner area ( forum internum ). In these two spheres of activity, one and the same Roman Catholic authority is exercised ( potestas regiminis exsecutiva ). The forum externum is characterized by its public form. Decisions made here are also valid for the internal area, unless confidentiality is in conflict.

In the forum internum there is non-public action, partly unprovable ( forum internum sacramentale ), partly provable ( forum internum non sacramentale ). The publication or provability of an object causes it to be referred to the forum externum . Decisions of the forum internum are essentially also valid in the forum externum , if no objections are raised by those concerned. Due to the lack of publicity, however, they are not really effective.

Officials of the outer area can theoretically also work in the inner area. Officials of the inner area are limited in their effectiveness to this.

In the modern doctrine of fundamental rights, forum not only stands for the scope of application of Catholic church law, but also, independently of the respective confession, for the scope of protection of the fundamental right of religious freedom . The forum internum designates - for example according to the case law on Art. 9 Para. 1 ECHR - the individual freedom of belief as the core of religious freedom, while the forum externum comprises public confession and the freedom to practice religion in accordance with religious regulations. The forum internum includes a ban on religious indoctrination by state actors and is granted without any possibility of restriction.

literature

Georg May : Forum. In: Lexicon for Theology and Church . Volume 3: Demon to Fragments Dispute. 3rd, completely revised edition. Herder, Freiburg et al. 1995, ISBN 3-451-22003-2 , p. 1368 f.
Alexander Gemeinhardt: Forum. In: Brockhaus encyclopedia . Volume 9: Fasz - Frier. 21st, completely revised edition. Brockhaus, Leipzig et al. 2006, ISBN 3-7653-4109-6 , p. 502.

Individual evidence

^ Maria Pottmeyer: Religious clothing in public schools in Germany and England. State neutrality and individual rights in a legal comparison (= Jus ecclesiasticum. Contributions to Protestant church law and state church law. 96). Mohr Siebeck, Tübingen 2011, ISBN 978-3-16-150919-3 , p. 83, (also: Münster, Universität, Diss., 2010/2011).

[1] Maria Pottmeyer: Religious clothing in public schools in Germany and England. State neutrality and individual rights in a legal comparison (= Jus ecclesiasticum. Contributions to Protestant church law and state church law. 96). Mohr Siebeck, Tübingen 2011, ISBN 978-3-16-150919-3 , p. 83, (also: Münster, Universität, Diss., 2010/2011).